Driving whilst disqualified

If a driving ban has been imposed upon you and you have been found driving a vehicle during the disqualification period, you will have committed a serious offence and risk being arrested and charged.

Our team of dedicated motoring solicitors is committed to crafting a robust defence strategy to protect you against charges of driving whilst disqualified. With a proven track record of success, we have assisted countless motorists each year in avoiding prison or community service and obtaining reduced sentences.

Our experienced driving whilst disqualified solicitors will construct your case and ensure you are professionally presented in court to advocate for the best possible outcome for you.

How we can assist:

  • Providing expert advice and gathering pertinent evidence to bolster your defence.
  • Representing you effectively in court, advocating for your rights and interests.
  • Working diligently to secure a reduced sentence, mitigating the severity of the consequences you face.

Penalties for driving whilst disqualified

If you are found guilty of driving whilst disqualified, this could result in:

  • A fine of up to £5,000.
  • Extension to an existing ban.
  • Up to 6 penalty points on your driving licence.
  • A community service order or curfew.
  • 12 months imprisonment.

Police interview

A police officer need only have reasonable cause to suspect you are driving a vehicle whilst disqualified to arrest you and convey you to the police station where you will be interviewed.

Whilst at the police station you are entitled to legal representation and upon arrival it is important you request the assistance of a solicitor who can advise you on how to proceed. Following the interview, you may be charged and provided with a court date that you will be required to attend.

Defences

During criminal proceedings for driving whilst disqualified the burden is on the prosecution to prove that you were in fact driving the vehicle at a time where you were also serving a disqualification period.

Driving whilst disqualified can be a difficult allegation to address by virtue of it’s nature being strict liability. It is important you seek advice on the grounds of your case to discuss what the best route forward is for yourself. It may be that potential defences are available in that you were not the person driving the vehicle, you were not driving the vehicle on a public road, or you were not disqualified at the time of driving.

These need to be thoroughly investigated on your behalf by an expert solicitor who can help you present your strongest defence possible against this allegation. There may also be significant mitigation that is possible to put forward on your behalf to minimise any sentence imposed.

Disqualified driving FAQs

What are the consequences of driving whilst disqualified?

The consequences can be severe and may include fines, extended disqualification periods, community service, or even imprisonment, depending on the circumstances.

What are the penalties of driving whilst disqualified?

Should you be found guilty of committing an offence of driving whilst disqualified you risk serious repercussions with a minimum further 12 months driving ban, and even the potential of a custodial sentence in the most serious cases. It is important you have experienced and expert solicitors by your side who will make the important representations and put forward strong mitigation to the court to ensure you achieve the best outcome possible.

What does "driving whilst disqualified" mean?

“Driving whilst disqualified” refers to operating a motor vehicle while under a driving ban imposed by a court or the Driver and Vehicle Licensing Agency (DVLA).

Can I defend myself against charges of driving whilst disqualified?

Yes, it is possible to defend against such charges. A skilled motoring solicitor can help build a strong defence strategy, which may include challenging the evidence, procedural errors, or mitigating circumstances.

How can a motoring solicitor help with driving whilst disqualified charges?

Motoring solicitors specialise in handling cases related to driving offenses. They can provide expert legal advice, gather evidence to support your defence, represent you in court, and work towards securing the best possible outcome, such as reduced penalties or avoiding imprisonment.

Will I go to prison for driving whilst disqualified?

While imprisonment is a possible consequence for driving whilst disqualified, it is not guaranteed. The severity of the punishment depends on various factors, including the individual’s driving history, the circumstances of the offence, and the court’s discretion.

What should I do if charged with driving whilst disqualified?

If charged, it’s crucial to seek legal advice from a qualified motoring solicitor as soon as possible. They can assess your case, explain your legal rights, and guide you through the legal process, increasing your chances of a favourable outcome.

Can I drive if I've been disqualified but haven't received official notification?

No, it is illegal to drive while disqualified, regardless of whether you have received official notification from the court or the DVLA. Ignorance of the disqualification is not a valid defence.

Get in touch

Speak to one of our expert motoring law solicitors now – call 01245 343971 or email drivingenq@gepp.co.uk.

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